Commonwealth Numbered Acts

SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 5

5. (1) For the purposes of this Act, a person (in this sub-section referred
to as the ''discriminator'') discriminates against another person (in this
sub-section referred to as the ''aggrieved person'') on the ground of the sex
of the aggrieved person if, by reason of-

   (a)  the sex of the aggrieved person;

   (b)  a characteristic that appertains generally to persons of the sex of
        the aggrieved person; or

   (c)  a characteristic that is generally imputed to persons of the sex of
        the aggrieved person, the discriminator treats the aggrieved person
        less favourably than, in circumstances that are the same or are not
        materially different, the discriminator treats or would treat a person
        of the opposite sex.

(2) For the purposes of this Act, a person (in this sub-section referred to
as the ''discriminator'') discriminates against another person (in this
sub-section referred to as the ''aggrieved person'') on the ground of the sex
of the aggrieved person if the discriminator requires the aggrieved person to
comply with a requirement or condition-

   (a)  with which a substantially higher proportion of persons of the
        opposite sex to the aggrieved person comply or are able to comply;

   (b)  which is not reasonable having regard to the circumstances of the
        case; and

   (c)  with which the aggrieved person does not or is not able to comply.